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news details
Shifting Mian Qayoom from other jail ‘not within court’s domain’: HC
Quashes PSA order of two detainees
2/14/2020 10:06:44 PM

Early Times Report

Srinagar, Feb 14: The Jammu and Kashmir High Court today said that shifting of Mian Qayoom, president of Kashmir High Court Bar Association, to some other jail “is not within the domain of the Court”.
Hearing an application, seeking shifting of Mian Qayoom to any jail in Kashmir preferably Srinagar Central Jail, the high court issued notice to the government.
“Meanwhile, the concerned Jail Superintendent in Tihar Jail shall allow Z. A. Shah, learned Senior Advocate, being the counsel of the detenue, to have a meeting with the detenue after due adherence to the provisions of the Jail Manual,” the court said.
“As regards shifting of the detenue (Mian Qayoom) to some other jail, the same is not within the domain of the Court and, as such, let the respondents (government) file response to the said relief sought for by the appellant,” the court said. Besides, the court ordered that Mian Qayoom shall be provided all the required medical facilities in accordance with the provisions of the Jail Manual.
“The Jail Superintendent shall also ensure lodgment of the detenue in some hygienic ward/ barrack as per norms,” the court ordered.
Meanwhile, the court quashed detention order under PSA against Mushtaq Ahmad Wani son of Ghulam Nabi Wani resident of Kurag Ganderbal and also directed government to release him from preventive custody forthwith.
The court also ordered release of one Salman Ibrahim Sheikh son of Mohammad Ibrahim Sheikh of Rampora Qaimoh in Kulgam district after quashing his detention order under PSA.
In both cases, the court observed that grounds of detention were not duly communicated to them, which prevented them from making an effective representation against the detention orders and thereby deprived them of an important constitutional right.
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